(6 days, 12 hours ago)
Commons ChamberI know the hon. Gentleman has studied this closely, but there are two problems we have to fix. Demand is going up—I said that the police are arresting more. But he will know that because of the use of smartphones, social media, DNA evidence and forensics—for all those reasons—trials are taking longer. That is what we are seeking to fix in the Courts and Tribunals Bill and that is why we have to put the system on a sustainable footing for the next generation. That is what the Bill will deliver.
Natalie Fleet (Bolsover) (Lab)
Since coming into this role, I have heard from more victims than I ever thought I would in a lifetime. They tell me their stories, and I believe them and listen. What I do not ask them to do is report, because nobody wants to put anybody in a system that is so unsustainable, and re-traumatise them. Does the Secretary of State agree that the changes being presented and driven through by our Government will mean that a victim is more able to report, more likely to feel like they can get an outcome in a reasonable amount of time and less likely to feel that they are the ones on trial?
I am hugely grateful for my hon. Friend’s continual advocacy in the Chamber on behalf of victims. She is absolutely right. If we do nothing, we head to a backlog of 200,000, and many, many victims sitting behind that backlog. If we do as Opposition Members suggest, we head to a backlog of 133,000. That is why we have to do these reforms and why I am very pleased to put forward a Bill that also does more, in particular for victims of sexual crime and rape.
(1 week, 6 days ago)
Commons Chamber
Nick Timothy
Crown court waiting times were actually lower under the Conservatives until the pandemic. It is true that the backlog grew during the pandemic, but the pandemic came before the general election, so why, if it was so necessary, was this measure not in the Labour party manifesto?
I am willing to accept that my account may be unfair. Despite all the evidence provided by the Justice Secretary over the years, the policy might not be explained by his incompetence. Just as plausible is ideological vandalism, and we should take Ministers at their word. To be clear, I do not mean the occasion when the Justice Secretary insisted:
“Criminal trials without juries are a bad idea.”
No, I mean the explanation given by the Minister for Courts. She said, “This is ideological.” Asked if the Government would be doing this for reasons other than efficiency, she said yes. If we join the dots, this does make sense, because Labour Governments have tried to do it before—in 1999, 2003 and 2007. [Interruption.] The Justice Secretary says Margaret Thatcher did it. Not only is that not true, but if he reads “The Downing Street Years” he will get a lesson in conviction politics and strong leadership, which this Government do not understand.
Nick Timothy
I will not give way.
Of course, when the Justice Secretary’s predecessor, the Home Secretary, commissioned Sir Brian Leveson to conduct a review of the criminal courts, she knew what she was doing, because in an earlier review Sir Brian had already said that jury trials should be restricted, with magistrates deciding the mode of trial and appeals made to a circuit judge. Perhaps the Justice Secretary sees this, like the early release scheme, as another hospital pass from his predecessor, who like the hardened criminals she let out of prison early, got out of the MOJ before facing the consequences of her actions. If he does think that, he should not feel that he has to go ahead with it.
Yet here the Justice Secretary is today proposing not only what Sir Brian Leveson recommended, but an even more radical change. He is telling the House that he has no choice but to rush this very serious legislation through Parliament at breakneck speed. The Bill was published less than two weeks ago, after no consultation at all, and today he is already asking hon. Members to approve its Second Reading. He is allowing only five days for Members to scrutinise the Bill line by line in Committee. That is less than the Government allowed for the Railways Bill, the Public Authorities (Fraud, Error and Recovery) Bill and the Pension Schemes Bill. It is about the same time the House once spent scrutinising the Salmon Act 1986, which introduced the offence of handling salmon in suspicious circumstances. It is less time than the 44 debates, statements and urgent questions this House has heard on Israel, Palestine and Lebanon since the election.
We are not talking about legislating to recognise the sentience of crustacea or regulate travelling circuses; we are talking about a fundamental change to our constitution, the operation of our courts and the rights of our people. In the words of His Honour Geoffrey Rivlin KC, this Bill is
“one of the most radical and revolutionary events in English legal history. Yet it has not appeared in any manifesto; it has not been put out for consultation; it has not been recommended by Leveson”.
He says that it
“has been ‘published’ with virtually no notice to anyone”.
What arrogance, Madam Deputy Speaker—what a disgrace!
If this Bill had been the subject of consultation and this Justice Secretary had spent any time listening to judges, lawyers and the public, he would know that it will fail on its own terms. He says that it will deliver justice for more victims, but in Canada and Australia—jurisdictions he cites as an inspiration—judge-only trials have seen more acquittals than jury trials. Indeed, the impact assessment predicts that fewer people will go to prison as a result of these changes. That should be no surprise: asking judges sitting alone to take responsibility for depriving somebody of their liberty is far more onerous than asking 12 fellow citizens who can discuss the evidence, argue the case and share the burden between them.
A corresponding danger to justice is posed by the proposals to increase magistrates’ sentencing powers to two years and to limit the right to appeal their rulings. As the hon. Member for Kingston upon Hull East (Karl Turner) said earlier, no fewer than 40% of appeals against verdicts and 47% of appeals against sentences issued by magistrates are successful. Incredibly, the Justice Secretary seemed to suggest just now that these figures are not a cause for concern, but a cause for celebration.
Natalie Fleet
The right hon. Member for Hertsmere (Sir Oliver Dowden) is absolutely right to talk about confidence in public institutions, because that is what we are addressing today. I stand before the House as a victim who would not report because I do not want to be retraumatised over years. I speak on behalf of the victims in the Gallery and the victims out there in the country. That is where I want us to restore confidence. That is what we need to do today.
Nick Timothy
I totally understand what the hon. Lady says, and we are all interested in the best interests of victims. [Interruption.] To suggest otherwise is absolutely appalling, and the hon. Member for Milton Keynes Central (Emily Darlington) should withdraw that comment.
I completely agree with my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden). I was concerned by the Justice Secretary saying that he is proud of the fact that his party does not just look to the past and to how things have been; I think one of the problems with Labour is that it is too careless with how things have always been. This is exactly what we are talking about. This is an ancient constitutional and legal right, and Labour is being careless about it.
Natalie Fleet (Bolsover) (Lab)
I want to start by pointing out that in this debate, we have called more barristers to speak than we have called women. It would be wrong of us not to realise that we are the absolute epitome of the British establishment. I have never come across as many barristers in my life; before I came here, the only time I ever saw a barrister was when I was helping a loved one who faced trial. This is about the reality of the real world, but we are more likely to have victims watching on than we are to have victims on these Benches. The voices of victims have been lacking from this debate. We have heard about the Bar Council and we have heard lots of references to men, but Claire Waxman emailed every single MP and said, “I want you to listen to the victims—their voices, their stories and the realities of the waits that they endure.”
We have a system in this country where you can rape somebody and get away with it. It happens every single day. For too long, society has told women that it is their fault that they have been raped and that nobody will believe them if they do report, so five out of six of them do not. And if they do go to trial, they will face years of re-traumatisation, which is why 60% drop out. You know what is worse than being raped? I can tell you from personal experience: facing years of waiting to see if people believe you.
We all have a role to play in eradicating our rape culture, but today we see the state stepping up for victims. This is about making sure that they are supported and believed by our institutions, harnessing the nation’s sense of urgency to do more, and smashing the status quo by cutting the standard half-a-decade wait for justice. We know that if we do not invest and modernise our courts system, everything else is just tinkering around the edges. A young woman named Sienna came up to me last week and said, “Natalie, I just don’t get it, but you do. What is happening? This is just complete common sense to everybody I speak to and everybody at work—I am a police officer. I just don’t get it. Where is the catch? Why are people so angry?” So what I want to do now is talk the House through the arguments for the status quo to remain.
We keep hearing that we need more money. We are having record investment—and—I’ll tell you what—it is not enough. Trials by jury are part of our history, but we have to adapt. When trials are taking twice as long as they did in the year 2000, we need to keep up. Judges alone cannot hear trials. We have already heard about district judges and the work that they do; we need a jury of peers. I want to point out that nobody questioned the legitimacy of the trial of Gisèle Pelicot, the bravest woman I look up to. I am not saying that we should abolish jury trials. What I am saying is that if we create capacity and protect juries for the most serious trials, I will do everything I can to get as many rapists as I can into those courts.
Hon. Members will hear that this is a class issue—and, yes, it is. This is about victims versus the establishment, which we are hearing far too much from today. Instead of putting themselves in the place of the defendant and imagining how that would feel, I am asking Members to put themselves in the shoes of the victim, because a quarter of us women become one. Imagine if this was you. This is not about denying anybody justice; it is about enabling victims and innocent parties to have a more efficient path to getting that justice.
Once again, courage calls to courage everywhere. I call on our Government to replicate the courage of victims and use it to get our justice system moving. Show that we can be bold disruptors, smashing the status quo, taking the difficult choices, taking on the arguments, delivering for victims across the land, who need leadership and decisive action, and rebalancing power between victims and perpetrators.
I back these reforms not because I am made to, but because they are right—because I want my granddaughter to grow up in a world where women can be believed, get fast justice and move on with their lives. I tell the 200 women in this country who will be raped today: I am sorry that you will have to wait until 2030 for a trial, but today we are doing something about it, and I am so proud to walk through the Lobby on your behalf.
(1 month, 2 weeks ago)
Commons Chamber
Natalie Fleet (Bolsover) (Lab)
The reason I use this powerful Chamber to speak about crimes like rape is that I am desperate to encourage women across the country watching us to use their voice to speak out and report. I am so determined to support the Government in their changes because I am desperate, when these brave women come forward, for them to have a system where they are supported every step of the way to get the swift justice they deserve. I am determined to do everything I can to play my part. When we make these changes and make it easier for victims to get justice, how will the Government ensure that there is capacity in our prisons to take these criminals?
Order. That was not relevant to the main question, but I am sure that the Justice Secretary would like to respond to it.
(2 months, 2 weeks ago)
Commons Chamber
Sarah Sackman
The hon. Gentleman is right that listing is a judicial function, but the fact remains—this is CPS data—that some 4,000 cases last year could have been heard four times faster. We know that cases are heard four times faster in the magistrates court than in the Crown court, and although magistrates had the sentencing powers to deal with such matters, the defendants elected for a jury trial, which they have the right to do under the current system. Why did they elect for a jury trial? They did so because it would drag the process out longer. If a case can be dealt with four times faster in the magistrates court, then removing the right to elect, which is what we propose to do, is a far more efficient way to free up Crown court capacity so that very serious cases—not just rape, but robbery, homicide and serious drug offences—can be dealt with more swiftly.
Natalie Fleet (Bolsover) (Lab)
What has been missing from this debate is the word “victims.” We inherited a system in which there are criminals who will have chosen to spend Christmas at home with their children. They will still be at home with their children next year, and the year after that, because we have a system that allows them to kick justice down the road. Meanwhile, women will have been raped this Christmas, and they will have to wait half a decade for justice. How can Members defend that system?
Order. Interventions should be short and colleagues should have been here at the beginning if they wish to intervene—[Interruption.] I was not here at the beginning, but I do not need any help. Members must have been here at the beginning of the speech of the Member on whom they wish to intervene. Please keep interventions short.
(3 months, 1 week ago)
Commons Chamber
Natalie Fleet (Bolsover) (Lab)
The Minister for Courts and Legal Services (Sarah Sackman)
Workers must receive the awards to which they are entitled. The case that my hon. Friend raises demonstrates the need to strengthen enforcement. The Government will take that up by transferring responsibilities to the new fair work agency. Working with His Majesty’s Revenue and Customs and the Insolvency Service, it will drive compliance and crack down on non-payments. That will help constituents like hers.
(4 months, 3 weeks ago)
Commons Chamber
Mr Joshua Reynolds (Maidenhead) (LD)
I wish to speak to my new clause 12. Each year hundreds of families get a knock on the door from the police who must deliver the worst news that a family can ever hear: the news that one of their closest relatives has been murdered. However, about 80 families each year receive the news that a family member has been murdered while abroad. That can be via a police officer, but the news often comes from a newspaper, or from a journalist who has found out and has reached out to the family directly. In many cases when British citizens are murdered abroad their families are left to deal with unimaginable grief for their loved one, all while facing the full weight of an unfamiliar, bureaucratic and different system, and they do that alone. They have to navigate foreign legal procedures, untranslated documents and distant court proceedings with patchy, inconsistent support from their Government, all at a time of trauma, vulnerability and mourning.
This is where new clause 12 come in. It seeks to add an appendix to the victims code so that this group of bereaved families, who currently fall through the cracks in our system, will no longer do so. The principle underpinning this Bill is clear: victims deserve to be at the heart of our criminal justice system. They deserve information, support and the opportunity to be heard. These are not privileges; they are fundamental rights. Yet there is a cruel anomaly: if a British citizen is murdered on British soil, their family receives structured statutory support through victim liaison officers, aid, court procedures and counselling services, but if the same British citizen is murdered abroad—while on holiday, working away or studying in another country—their family is so often left to navigate an overwhelming maze of foreign bureaucracy, often in a language they do not speak, with inconsistent and inadequate information from the Government, who should be standing behind them.
Ruth’s sister Faye was killed in 2019 while in Nigeria, where she was working for a non-governmental organisation. She was shot alongside her boyfriend in a double homicide. Ruth and her family were left to deal with an overwhelming number of agencies without proper support to understand who had responsibility for what, with limited communication and poor casework consistency from the British authorities. Vital information, such as the arrest and subsequent death of a suspect in custody, which the Foreign, Commonwealth and Development Office knew about, took years to reach Ruth and her family. They have still not obtained a full and accurate account of what occurred on the night of Faye’s murder.
Alison and Paul’s son Danny was murdered in Amsterdam in 2022, aged just 22. Alison and Paul have explained how navigating the lengthy and complex Dutch judicial procedures in a foreign language, while having to arrange matters such as repatriation without any support, was an immense challenge. They have described being in a state of turmoil and trauma, and are uncertain how they managed to endure the circumstances. They have outlined how the stress took a significant toll on both them and their daughter.
Theresa’s husband Stephen was killed in a violent attack by a gang while on holiday in Spain in 2009. His two teenage sons sustained permanent injuries in the attack. Stephen’s body was repatriated to the UK and was held by the coroner in a mortuary for eight years before the inquest was held. The inquest concluded with a verdict of unlawful killing, at which time the body was released to his wife and children—eight years after his death. Stephen’s family received no support from the UK for repatriation, travel and understanding the trial in a foreign country and in a foreign language. Stephen’s wife, Theresa, recounted how she and her family had been living through a nightmare—not only of having to navigate the complex judicial system in Spain, but of feeling retraumatised by the lack of support they received.
Andrew’s son was murdered abroad when he was 18 years old. He says that, despite the FCDO having a duty to care for UK citizens, the family received minimal support. The FCDO provided poor and inconsistent communication, leaving the family without clear updates at critical stages. The family was forced to navigate a foreign judicial system with no help in understanding procedures, local laws or rights, which added to their distress and confusion. They received no structured aftercare or follow-up support, despite the psychological impact of such cases.
These horrible incidents are not isolated. They show a broken system that fails British families at their most vulnerable moments. New clause 12 aims to address this by adding an appendix to the victims code setting out how the code applies to close relatives of British citizens murdered abroad. It states that the appendix must provide specific guidance explaining how families affected by murders abroad can access support, including clear information about foreign justice processes, which are often complex and distressing for bereaved families, in unfamiliar legal systems. This can include dedicated liaison officers, translation services and guidance on how to deal with foreign authorities. I have spoken to far too many families who were pointed to Google Translate for death certificates and descriptions of judicial processes in foreign languages. That is simply not good enough in our country. Under the new clause, families would also be entitled to emotional and practical support, including specialist bereavement counselling. Some police services across the country do this really well, but others do not do it at all.
Let me be clear about what this amendment does not do. It does not seek to interfere with foreign judicial systems, and it does not place unrealistic expectations on the FCDO. What it does is establish as a baseline a statutory framework that ensures bereaved families have access to the same quality of support and information here at home as any other victim of homicide would receive. The Murdered Abroad campaign is made up of bereaved families who have turned their grief into a really powerful call for change. They are not asking for any special treatment. They are asking for the same structured statutory support that families would receive if tragedy strikes on British soil. The families who suffer these specific horrors should not be forgotten because the crime goes beyond our shores; a British life lost is a British life no matter where in the world it happens. Compassion in the face of tragedy is not optional but a duty, and new clause 12 provides a way to fulfil that duty. I thank right hon. and hon. Members who have supported it, and I ask everybody to vote for it this evening.
Natalie Fleet (Bolsover) (Lab)
I will speak to Government new clause 14. It means that rapists will no longer have access to children conceived by their crime. It puts the right of survivors above the rights of criminals. It protects mummies and their precious babies. It is not okay that it took so long for the law to change—to keep up with common sense—but to get this change the Government fought to get us on these Benches and into government, bringing with us our real-life experience and that of our community, supported by Ministers, right up to the Prime Minister, determined to tackle violence against women and girls.
(10 months ago)
Commons Chamber
Natalie Fleet (Bolsover) (Lab)
I declare an interest as a member of the Women and Equalities Committee. Rape survivors are too often hidden in plain sight. In Bolsover, my constituency, 10,554 women will have been raped or sexually assaulted since they were 16—a third in their own homes—in Shirebrook, Tibshelf, Wessington, Barlborough and every village and town in between, and 5,277 of them will have been raped more than once; 880 will have reported it, and if we are lucky, 26 will have seen a charge brought.
I have permission to share the experience of one of the wonderful constituents who reached out to me. She said,
“I was spiked in a hotel and sexually assaulted in my room where I thought I would be safe.”
As a result, she says,
“I lost my job, my marriage nearly crumbled and I lost six of my son’s most formative years because my brain shut down completely…and I went into survival mode.”
She continues:
“We need to raise our boys better, to respect and work alongside women without judgement or expectations around sex”.
She is right, but this is not just a Bolsover problem; this is a society issue. Rape is a part of our national story—a part that we are not telling—and we cannot continue with a culture where he did it and she hid it.
Women do not report because they have been let down by the courts for too long. That was the case for another of my constituents, who went four years and five months from rape to trial, with multiple suicide attempts. I am so pleased that this Government are doing something about this, and are treating violence against women and girls as the national emergency that it is. The measures in this Bill mean that victims of crime will finally be put first.
The Bill is also our opportunity to put a full stop to a lifetime of ongoing trauma. I will keep speaking about the 10 babies born every day to their mummies who have been raped—six children in my constituency every year, and in every constituency across England and Wales. We see those children hidden in plain sight on our school visits; we see them as adults in the workplace; they drink among us in the pub. But their brave mothers have hidden the story behind their existence throughout history—often even from them.
The mums tell me about the struggle to bond with a baby who looks like the man who hurt them. They tell me about the pain of loving their children and also wishing that they did not exist. They tell me about living with the threat of their rapist being part of their life forever. One survivor said that she could not report the crime because the perpetrator had parental responsibility, and told her that he would use it if she reported it. Being charged, going to prison—nothing would take away his rights around the child who was conceived when he raped her. This Bill is our opportunity to change that. I call on our Government to remove parental responsibility where a child is conceived via rape. Our precious children can no longer be the only proceed of crime to which a criminal has lifelong access.
(1 year, 2 months ago)
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Dr Tidball
I do agree, and those factors have a cumulative, additive effect on those young people, silencing their voices even more so than those of other victims. That is one of the reasons why the harm report was clear that
“the presumption should not remain in its present form”
and recommended that it be reviewed
“urgently in order to address its detrimental effects.”
Today we are focusing on presumption of contact, but there is much more that could be done to make the family court system child-centric. We can be bolder by changing the language in the Children Act 1989 to say explicitly that a presumption of contact should not be given to a known domestically abusive parent. Further, protections could be strengthened by incorporating practice direction 12J in primary legislation. We also need to ensure that no interim contact takes place before assessments are fully completed by CAFCASS. Additionally, we must legally recognise children as victims of financial abuse under the Domestic Abuse Act 2021. Shockingly, there is currently no definition of rape or consent in the family court system.
Natalie Fleet (Bolsover) (Lab)
I thank my hon. Friend for raising this very important issue. Everybody in this room wants children to be born with two loving parents, but that is not possible for everybody, and it is definitely not a luxury that every child enjoys. Currently, when a woman is raped in this country, and she gives birth as a result, the rapist can apply for access to the child throughout their life. A woman in my constituency, and women beyond, talked to me about the trauma inflicted on them not only at the point of the attack but as they raise their child. The law now acknowledges that children born from rape are victims of crime, but it is vital that perpetrators are not given access to those children, continuing their unwanted presence in the victim’s life. The harm that that access can cause must be recognised to protect the young people and their mothers from violent offenders. Does my hon. Friend agree that we need a change to the law?
Dr Tidball
I do agree, and I thank my hon. Friend for her powerful statement. That is why we must urgently spell this issue out in primary legislation, alongside having a more tightly drawn definition of domestic abuse towards children in section 3 of the 2021 Act.
Over four years have passed since the UK Government launched a review of the presumption, as recommended by the harm report. The Conservative Government made no response, but now there is an opportunity for our new Government to take action, look at what other countries are doing and embed child-centred approaches in the family courts. Australia has repealed a similar piece of legislation, and the US is rolling out a law to incentivise states to ensure that their child custody laws properly protect children.
We must show leadership and be a beacon of light for children’s rights around the world by changing the law so that family courts prioritise children’s welfare and safety over the privilege of parental contact rights. Our Government must do what the previous Conservative Government failed to do, by taking a child-centred approach and changing the law on presumption of contact.
No more towns such as mine should be left to grieve. No more parents should have to make the ultimate sacrifice of the life sentence of losing a child at the hands of an abusive spouse or partner. No more parents should ever have to send their child on a court-ordered visit and hold them tightly in their arms hours later as they die. This Government must now act to save lives for generations to come by ending contact at any cost.
Let us not just imagine a world where the voices of children are put at the heart of our family court system, where children such as Jack and Paul are listened to, not ignored, where children have a childhood free of fear and oppression, and where children such as Jack and Paul live the lives they deserved to live. Minister, I urge you to do all you can to make that world a reality.